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AJOY KUMAR MUKHERJEE
Pawan Kumar Sethia – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Ajoy Kumar Mukherjee, J. - Judgment referred on behalf of petitioners
a) Alpic Finance Limited Vs. P. Sadasivan and another (2001) 3 SCC 513.
b) S.K. Alagh Vs. State of U.P. & others (2008) 5 SCC 662.
c) Sushil Sethi and another Vs. State of Arunachal Pradesh & others (2020) 3 SCC 240.
d) V.Y. Jose & another Vs. State of Gujarat & another ( 2009) 3SCC 78.
e) Sharad Kumar Sanghi Vs. Sangita Rane (2015) 12 SCC 781.
f) Pepsi Food Ltd. & another Vs. Special Judicial Magistrate & others (1998) 5SCC 749.
g) Masand Saiyed Vs. State of Gujarat & Others (2008) 5 SCC 668.
h) G. Sagar Suri & another Vs. State of U.P. & others (2000) 2 SCC 636.
i) M.S. Banga Vs. State of W.B. & another (2004) SCC OnLine Cal 443.
j) Satish Chandra Ratanlal Shah Vs. State of Gujarat & another (2019) 9 SCC 148.
Judgments referred on behalf of opposite Party No. 2
a) Ramveer Upadhyay & another Vs. State of U.P. & another (special Leave Petition (Cri) No. 2953 of 2022.
b) Hamida Vs. Rashid (appeal (cri) 632 of 2007).
c) Jagmohan Singh Vs. Vimlesh Kumar & others (Criminal Appeal No. 741/2022 arising out of SLP (cri) No. 9339 of 2021).
d) Md. Allauddin Khan Vs. The State of Bihar & others.(criminal Appeal No. 675/2019 arisi
Criminal proceedings should not be used as a shortcut for civil disputes, and a mere breach of promises related to payment or repayment does not ipso facto constitute criminal breach of trust without....
A breach of contract does not constitute cheating unless fraudulent intent is proven at the outset of the agreement, as established in relevant legal precedents.
The court affirmed that criminal proceedings cannot be used as leverage in civil disputes, emphasizing the need for proof of dishonest intent and necessary ingredients for offences claimed. Lack of v....
The court established that allegations of non-payment in a business context do not automatically constitute criminal offences without evidence of fraudulent intent.
The court affirmed that a party only involved in a civil contract cannot face criminal liability unless it directly transacted or misappropriated funds, supporting the need for a clear distinction be....
A breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown at the time of the transaction.
The court established that criminal proceedings cannot be initiated for civil disputes, and the absence of fraudulent intent negates charges of cheating and criminal breach of trust.
Non-payment of dues does not constitute criminal cheating or breach of trust unless fraudulent intent is established from the inception of the transaction.
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